Prosecution Insights
Last updated: May 29, 2026
Application No. 19/321,331

IMAGE DATA ENCODING/DECODING METHOD AND APPARATUS

Non-Final OA §103
Filed
Sep 08, 2025
Priority
Oct 04, 2016 — RE 10-2016-0127893 +8 more
Examiner
WERNER, DAVID N
Art Unit
2487
Tech Center
2400 — Computer Networks
Assignee
B1 Institute of Image Technology, Inc.
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
485 granted / 716 resolved
+9.7% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
23 currently pending
Career history
750
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
72.1%
+32.1% vs TC avg
§102
15.4%
-24.6% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 716 resolved cases

Office Action

§103
DETAILED ACTION This Office action for U.S. Patent Application No. 19/321,331 is responsive to the Request for Continued Examination filed 23 April 2026, in reply to the Final Rejection of 27 March 2026 and the Advisory Action of 22 April 2026. Claims 1, 2, 6, and 7 are pending. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 C.F.R. § 1.114 A request for continued examination under 37 C.F.R. § 1.114, including the fee set forth in 37 C.F.R. § 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 C.F.R. § 1.114, and the fee set forth in 37 C.F.R. § 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 C.F.R. § 1.114. Applicant's submission filed on 23 April 2026 has been entered. Response to Arguments Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. It is respectfully submitted that U.S. Patent No. 7,580,578 B1 (“Onno”) teaches the claimed variable size ratio. Claim Rejections - 35 U.S.C. § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. §§ 102 and 103 (or as subject to pre-AIA 35 U.S.C. §§ 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. § 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 2, 6, and 7 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent Application Publication No. 2008/0170612 A1 (“Zhou”) in view of U.S. Patent No. 7,580,578 B1 (“Onno”). Zhou, directed to a video codec, teaches with respect to claim 1 a method for processing an image, the method comprising: receiving a bitstream for the image (Fig. 3, receiving input stream NAL); obtaining a decoded image by decoding the bitstream (id., entropy decoding 212 and inverse transform and processing 304); determining a mode for reconstructing the decoded image based on reconstruction-related information included in the bitstream (¶ 0024, control code); and reconstructing the decoded image based on the mode (id., rotation and mirror 302 in decoding pipeline); wherein the mode comprises a plurality of candidate modes including flipping, rotating[,] and a combination of the flipping and the rotating (Fig. 1, various rotate and mirror transforms), wherein the reconstructing the decoded image comprises rearranging pixels in the decoded image (¶ 0029–31, Fig. 7; changing pixel addresses). The claimed invention differs from Zhou in that the invention specifies performing the pixel rearrangement based on a calculated image size ratio. However, Onno, directed to image transcoding, teaches with respect to claim 1: wherein the rearranging is performed by obtaining a first size of the decoded image before the rearranging and a second size of the decoded image after the rearranging, calculating a ratio of the first size to the second size[,] and using the ratio as a variable (16:12–41, width ratio IW:IW’ and height ratio IH:IH’ before and after geometric transformation) It would have been obvious to one of ordinary skill in the art to modify Zhou to resize the images on demand or as needed as part of the geometric transformation, as taught by Onno, in order to accommodate display devices with reduced memory. Onno 15:42–43. Regarding claim 2, Zhou in view of Onno teaches the method of claim 1, wherein whether to reconstruct the decoded images is determined based on the reconstruction-related information (Zhou ¶ 0026, reconstruction with or without the transform). Regarding claim 6, Zhou in view of Onno teaches a method for processing an image, the method comprising: encoding the image into a bitstream (Kuroki Fig. 13, image compressor 120b); determining a mode for reconstructing a decoded image which is obtained by decoding the bitstream (Kuroki ¶ 0097, process mode; Zhou ¶ 0024, process code); and encoding the mode based on reconstruction-related information into the bitstream (id.), wherein the mode comprises a plurality of candidate modes including flipping, rotating[,] and a combination of the flipping and the rotating (Zhou Fig. 1, various rotate and mirror transforms), wherein the reconstructing the decoded image comprises rearranging pixels in the decoded image (¶ 0029–31, Fig. 7; changing pixel addresses), and wherein the rearranging is performed by obtaining a first size of the decoded image before the rearranging and a second size of the decoded image after the rearranging, calculating a ratio of the first size to the second size[,] and using the ratio as a variable (Onno 16:12–41, width ratio IW:IW’ and height ratio IH:IH’ before and after geometric transformation). Regarding claim 7, Zhou in view of Kuroki teaches a method for transmitting a bitstream, the method comprising: encoding the image into a bitstream (Kuroki Fig. 13, image compressor 120b); determining a mode for reconstructing a decoded image which is obtained by decoding the bitstream (Kuroki ¶ 0097, process mode; Zhou ¶ 0024, process code); and encoding the mode based on reconstruction-related information into the bitstream (id.); and transmitting the bitstream (Kuroki ¶ 0007, mobile phone well known to transmit images captured by onboard digital camera), wherein the mode comprises a plurality of candidate modes including flipping, rotating[,] and a combination of the flipping and the rotating (Zhou Fig. 1, various rotate and mirror transforms), wherein the reconstructing the decoded image comprises rearranging pixels in the decoded image (¶ 0029–31, Fig. 7; changing pixel addresses), and wherein the rearranging is performed by obtaining a first size of the decoded image before the rearranging and a second size of the decoded image after the rearranging, calculating a ratio of the first size to the second size[,] and using the ratio as a variable (Onno 16:12–41, width ratio IW:IW’ and height ratio IH:IH’ before and after geometric transformation). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2002/0097411 A1. The following prior art was found using an Artificial Intelligence assisted search using an internal AI tool that uses the classification of the application under the Cooperative Patent Classification (CPC) system, as well as from the specification, including the claims and abstract, of the application as contextual information. The documents are ranked from most to least relevant. Where possible, English-language equivalents are given, and redundant results within the same patent families are eliminated. See “New Artificial Intelligence Functionality in PE2E Search”, 1504 OG 359 (15 November 2022), “Automated Search Pilot Program”, 90 F.R. 48,161 (8 October 2025). US 2013/0188690 A1 Any inquiry concerning this communication or earlier communications from the examiner should be directed to David N Werner whose telephone number is (571)272-9662. The examiner can normally be reached M--F 7:30--4:00 Central. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dave Czekaj can be reached at 571.272.7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /David N Werner/Primary Examiner, Art Unit 2487
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Prosecution Timeline

Sep 08, 2025
Application Filed
Feb 20, 2026
Non-Final Rejection mailed — §103
Mar 11, 2026
Response Filed
Mar 27, 2026
Final Rejection mailed — §103
Apr 15, 2026
Response after Non-Final Action
Apr 23, 2026
Request for Continued Examination
May 02, 2026
Response after Non-Final Action
May 15, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
84%
With Interview (+16.5%)
3y 5m (~2y 8m remaining)
Median Time to Grant
High
PTA Risk
Based on 716 resolved cases by this examiner. Grant probability derived from career allowance rate.

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